Andrew McRoberts Argues Minimizing Historic Impacts of Powerlines and Zoning Preemption on Appeal to Virginia Supreme Court

By: Andrew McRoberts, Editor. This was posted Wednesday, January 7th, 2015

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On Tuesday, January 6, 2015, the appeal of the State Corporation Commission’s grant of a certificate of public convenience and necessity for two powerlines and a switching station was heard by the Virginia Supreme Court. Significant issues included to what extent minimization of impacts on historic sites is mandated to the SCC in a certificate case under Virginia Code section 56-46.1, and whether local government zoning was preempted on a 51-acre switching station site by the SCC’s grant of the certificate.

Andrew R. McRoberts, shareholder with Sands Anderson PC, argued the case against the certificate on behalf of firm clients  James City County, the James River Association and the Save the James Alliance Trust.  An opinion is expected at the end of February.

Here is some of the news coverage of the oral arguments:

Washington Times (AP):  “James River power line case goes to Va. Supreme Court”

Daily Press:  “Virginia Supreme Court hears case on proposed electrical towers over the James River”

Virginia Gazette:   Power struggle on the James River over Dominion linesVirginia Supreme Court will decide whether reliable electricity trumps historic vistas”

WY Daily:  “Supreme Court of Virginia Hears Arguments Over James River Power Line”

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